Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302Appreciation of evidence-Presence of eye-witness at place of occurrence established and his testimony relied upon-Accused himself admitting to have strangulated deceased to death --Conviction maintained. Date of hearing: 9th March, 1980.                                                                                                                                                  JUDGMENT Allah Ditta appellant was accused of the murder of his wife Mst. Macho Mai. He was tried for it by Ch. Inayat Ullah Cheema, learned Additional Sessions Judge, Multan, who vide his judgment dated 31st January, 1978 found him guilty of the charge and sentenced him to imprisonment for life and to a fine of Rs. 2,000 or in default to suffer further rigorous imprisonment for a period of one year. The fine, if realis ed, is to be paid to the legal heirs of the deceased as compensation. 2. According to the story of the prosecution Mst. Bacho Mai deceased had been brought to the house of her father by him without the consent of the appellant, a day before the present occurrence. The appel lant followed her to the house of his in-laws and stayed for a night there. He was incensed on account of his wife leaving his house in his absence. He tried to persuade her to return to his house but when she resisted the appellant is alleged to have caused her death by strangulation at about 4.00 a.m. on 31st May, 1976 in the house of her father Khuda Baksh (P. W. 4) in village Todarpur, Tehsil Shujabad, District Multan. 3. The appellant has admitted that he has strangulated his wife but he has explained that he was driven to it as he was gravely and suddenly provoked on seeing one Gul Muhammad standing near the cot of his wife on the night of occurrence as he suspected an immoral contact bet ween the two. 4.…